Appeal Over Closing Of Fairlie Line

Press, Volume CIX, Issue 32145, 14 November 1969, Page 20

Appeal Over Closing Of Fairlie Line

(New Zealand Press Association) WELLINGTON, November 13. The closing of the Fairlie branch railway line last year was the subject of an appeal in the Court of Appeal today.

Robert Bruce Shand, William Brown Trotter and Norman Robert King, all farmers, of Fairlie, and South Riding, Ltd, are appealing against the decision of the Chief Justice (Sir Richard Wild), in the Supreme Court at Timaru on Decembei 16, 1968, when he dismissed the appellant’s application for declarations, a writ of certiorari and an injunction in relation to the closing of the Fairlie branch railway line. The respondent is John Bowie Gordon, the Minister of Railways. The Court comprises Mr Justice North, Mr Justice Turner and Mr Justice McCarthy. Mr D. H. Hicks appears for the appellants, and the Solicitor-General (Mr J. C. White, Q.C.), with him Mr G. S. Orr, appear for the respondent. Mr Hicks said that the remedies sought were a declaration that the closing of the line was unlawful, and a declaration that an enquiry be directed into the damage suffered by the appellants as a result of the closing of the line.

The only power that the Minister of Railways had to close a branch line was that set out in the Government Railways Amendment Act, 1912, Mr Hicks said. Second, in exercising such power by closing the Fairlie

branch railway line, the Minister had acted without jurisdiction; and third, the appellants were therefore entitled to the relief sought, Mr Hicks submitted. He then developed these submissions.